In a PIL seeking quashing of an FIR under Section 366 IPC regarding a missing girl, the High Court refused the prayer. Holding that prima facie allegations disclosed cognizable offences and the victim remained untraced, the writ petition was dismissed.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 4481 of 2022
Petitioner :- Shubham @ Iskand Kumar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Nagendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Prayer made to quash the First Information Report in Case Crime No.21 of 2022, under Section 366 IPC, Police Station-Dataganj, District-Budaun on the ground that the victim is residing with her mother cannot be entertained inasmuch as there is categorical allegation that the victim has disappeared on 04.01.2022 and the role of the petitioner is suspected. It is otherwise not in dispute that the victim has not been traced out so far.
Since prima faice allegations with regard to commissioning of cognizable offences are disclosed and the victim has not been traced so far, we decline the prayer made in the writ petition to quash the F.I.R.
Writ petition is, accordingly, dismissed.
Order Date :- 25.4.2022 Banswar
Digitally signed by RAM NARESH BANSWAR Date: 2022.04.26 11:00:57 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should quash the First Information Report under Section 366 IPC where the victim remains untraced despite categorical allegations of disappearance.
1 provisions across 1 enactments
Shubham @ Iskand Kumar
State Of U P
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
